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2025 DAILYLAW 50844 (AP)

AMPILI RAJESWARI v. The State of Andhra Pradesh

WP/32126/2025 · 2025-12-08

D Ramesh

Public Interest Litigationbody2025

Judgment text

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APHC010620612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32126/2025 Between: 1. AMPILI RAJESWARI, W/O LATE PRAKASAM, AGED ABOUT 56 YEARS, RESIDENT OF KOLIVALASA JUNCTION, BURJA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P. 2. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE DISTRICT REGISTRAR, AMADALAVALASA, SRIKAKULAM DISTRICT. 4. THE TAHSILDAR, BURJA MANDAL, SRIKAKULAM DISTRICT. 5. THE JOINT SUBREGISTRY, SUB REGISTRAR OFFICE, AMADALAVALASA SRIKAKULAM DISTRICT. 6. POTNURU PARVATAMMA, W/O PARVATEESAM, MAIN ROAD KOLLIVALASA, BURJA MANDAL, SRIKAKULAM DISTRICT. 7. POTNURU VISHNU MURTHY, S/O P.PARVATEESAM, MAIN ROAD KOLLIVALASA, BURJA MANDAL, SRIKAKULAM DISTRICT 8. POTNURU SANKARA RAO, S/O P.PARVATEESAM, MAIN ROAD KOLLIVALASA, BURJA MANDAL, SRIKAKULAM DISTRICT. 9. CHINTHU VIJAYA, W/O ANANDHA RAO, AGED 48 YEARS, VENGALARAO COLONY, D.NO.17-1-106/1, AMUDALAVALASA MANDAL, SRIKAKULAM DISTRICT. 10. PEESA SARASWATHAMMA, W/O LATE PENTAYYA, RESIDENTOF D.NO.1-141,MAIN ROAD KOLLIVALASA BURJA MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents more particularly Respondent No.2 to 5, in failing to consider the representations dated 23.09.2024, 22.10.2025, 23.10.2025 and 14.11.2025, for taking action against the erred officials along with the unofficial respondents and for initiating Criminal Prosecution, Who tampered the, documents and fabricated the office seal and stamp of the Tahsildar and other officials with an intention to grab my private property which is in Sy.No.42-1 of an extent 965.27 sq. yards, of Kolivalasa Village, Burja Mandal, Srikakulam District, the documents thereby fabricated letter No. 469 of 2023 dated 19.10.2024 which gives raise for sale deed vide Doc. No. 3306 of 2023 in the name of 9th respondent, as illegal, arbitrary, unconstitutional, and without jurisdiction, and consequently direct the 2nd respondent to conduct an enquiry in so far, the proceedings of 5th respondent are concerned vide letter No.469/2023 dated 19.10.2023, and for initiation of criminal action against the erred officials who tampered the documents and unilateral cancellation of pattas, and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2 to 5 respondents to consider the representations submitted by the petitioner dated 23.09.2024, 22.10.2025, 23.10.2025 and 14.11.2025 and take appropriate legal action in accordance with law and further to initiate the criminal action against the erred officials who tampered the documents and pass Counsel for the Petitioner: 1. BADDI MANIKANTA N S V AVINASH Counsel for the Respondent(S): 1. PAPUDIPPU SASHIDAR REDDY 2. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents more particularly Respondent No.2 to 5, in failing to consider the representations dated 23.09.2024, 22.10.2025, 23.10.2025 and 14.11.2025, for taking action against the erred officials along with the unofficial respondents and for initiating Criminal Prosecution, Who tampered the, documents and fabricated the office seal and stamp of the Tahsildar and other officials with an intention to grab my private property which is in Sy.No.42-1 of an extent 965.27 sq. yards, of Kolivalasa Village, Burja Mandal, Srikakulam District, the documents thereby fabricated letter No. 469 of 2023 dated 19.10.2024 which gives raise for sale deed vide Doc. No. 3306 of 2023 in the name of 9th respondent, as illegal, arbitrary, unconstitutional, and without jurisdiction, and consequently direct the 2nd respondent to conduct an enquiry in so far, the proceedings of 5th respondent are concerned vide letter No.469/2023 dated 19.10.2023, and for initiation of criminal action against the erred officials who tampered the documents and unilateral cancellation of pattas, and pass….” 2. Heard Mr.Baddi Manikanta N.S.V., learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. The contention of the petitioner is that, initially, the pettioner has filed suit against the respondents and the said suit was decreed and basing on the same, the petitioner has made a representation as unofficial respondents in collusion with some of the officials created registered documents accordingly as per the provisions of the Act if a 4 fraud is played, the authorities are entitled to initiate action under Section 82 and 83 of the Registration Act. 4. After notice, the un-officials respondents appeared through their Advocate and submitted that they have also filed suit on the file of the learned Junior Civil Judge, Amadalavalasa for declaration of title and the same is numbered as O.S.No.98/2024 and it is pending. In spite of pursuing in the civil Court, the petitioner is making allegations against the unofficial respondents and also official respondents. Hence the Writ Petition is not maintainable in view of the pendency of the civil suit. 5. Considering the submissions of both side counsel, without going into the merits of the case, with the consent of both side counsel, as the petitioner has made a representation to the concerned authorities to initiate action under Section 83 of the Registration Act, the authorities may consider the representation and basing on the records, may take appropriate action after issuing notice to all concerned. 6. Accordingly, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 09.12.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.32126 of 2025 09.12.2025 RD